1  CITYOFPALACIOS, TEXAS  REGULAR CITY COUNCIL MEETING  MINUTES November 17, 2022  REGULAR CITY COUNCILMEETING  Al REGULAR City Council meeting was held by the City Council of the City of Palacios on November 17,2022, at6 6:00 p.m., in Council Chambers located at3 311 Henderson, Palacios, Texas  77465. CALLTOORDER  Mayor Gardner called the REGULAR City Council meeting to order at 6:01PM.  CERTIFICATION: OF A QUORUM Mayor Gardner certified ag quorum was present. ATTENDANCE) ROLLCALL Mayor, Jim Gardner, Present Councilmember. Place 6, Michael. Dotson, Present Councilmember. Place 5, Raylynn Samora, Present Councilmember, Place 4, Troy Lewis, Present Councilmember. Place. 3, Chip Woolf Present Councilmember;, Place 2, Sharon Trainor, Present Councilmember) Place 1, Lary Glenn, Present CITYS STAFF IN ATTENDANCE: Cynthia Raleigh, City Manager Thomas Gwosdz, City Attorney Tammy McDonald, HR/ Finance Tobie Bias, Police Chief Aleigha Galvan, City Secretary INVOCATION&) PLEDGES  Manuel Guevara, Parks and Streets Superintendent  Councilmember. Lewis led the Council, Staff and Citizens in prayer and pledges to the  US., Texas, and Palacios Flags. CITY OFF PALACIOSI REGULAR CITYCOUNCIL MEETINGI MINUTES- - NOVEMBER 17, 2022    3  ANNOUNCEMENTS:  i. Mayor's Announcements- - Mayor Gardner announced upcoming dates for events throughout town, and City Hall office hours for the upcoming Thanksgiving ii. Council Member's Announcements a Councilmember Trainor asked questions about the future town) hall meeting. Coumcilmember Glenn thanked City. Manager Raleigh for taking care of the cement curb that needed to be fixed on Commerce Edith Gower - speaks about the importance ofpreserving the Luther Hotel. Gower shows maps of visitors to Palacios that have come from all over the world when ii. Joseph Monk-askediospeak. at agenda items 4&5 51 when theyarise int the meeting. iii. Colleen Claybourn - Claybourn spoke about her memories and history of the Luther. Hoteld and) her desire for Council toi intervene in the demolition. iv. David King - Pastor ofthe Methodist Church of Palacios - Readal letter on behalf ofs Samantha. Hunick with. Preservation Texas regarding heritage tourism and the importance ofpreserving the Luther. Hotel. He also spoke about the Luther Hotel beingacharacter ofPalacios andi his hope toj fndasolution: inj preserving the hotel. Ruth Friedricks - Thanked the speakers before her and gave her opinion oft the happenings with the Luther Hotel. She asked that the City notg geti involved with the sale of private property and for the issue to be dropped to avoid division in the Seasidel Holiday - Ryan West on behalf of Brandi West, Chamber of Commerce Seaside Holiday Chair, gave information and details on the upcoming Palacios ii. RG3 Waterl Meters- Lee Gregory- Gregory gave al PowerPoint, presentation on what the company could doj for the City of Palacios compared to Sensus. Mayor Gardner opened the meetingf for discussionj for agenda item #5. Council addressed previous warranty issues with the company, and options for service. Parks and Streets Superintendent, Manuel. Guevara was in the audience to help answer questions. City Manager, Cynthia. Raleigh. suggested a water audit study and flow testing. Joseph Monks spokej for his public comment regarding utilities at the water tower and his concern. for item #5 being on the agenda. There was discussion between legal counsel, councilmembers, andi the City Manager. NOACTIONWAS iii. October Financials a Tammy McDonald, / Cynthia Raleigh - Raleigh gives an  holiday.  and Sixth Street at the "buffalo building".  CITIZEN COMMUNICATION FORUM: - Public Comments  she once rani the Peaceful Pelican Bed and Breakfast.  community.  PRESENTATIONS AND ACTION ITEM #5:  Chamber ofCommerce Christmas event at South Bay.  TAKENI BYCOUNCIL ON ITEM#5. update to Council for the month ofOctober.  CITY OFF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES -NOVEMBER 17, 2022    299  iv. Police LESO - Police Chief Bias - Bias notified the citizens and Council the Palacios Police Department will be participating in the Law Enforcement Support Program for the fiscal year. He gave details regarding the program and how the V. HAHN Equipment a This company was originally on the agenda but cancelled  PD1 will participate. their presentation.  DISCUSSION. AND ACTION! ITEMS:  i. Minutes - November 03, 2022 Regular City Council Meeting. APPROVED. BYMOTION. MOTION: LEWIS. SECONDED: DOTSON.. PASSED UNANIMOUSLY ii. Firel Hydrant Rehab Bid Approval-T Tammy McDonald - discuss and consider to award bid to SLPS Solutions for water Services for aj period of one year. Councilmember Glenn questioned the process. PASSED BY MOTION. MOTION: DOTSON. SECONDED: TRAINOR. PASSEDUMAMMOUSLT See attachment "a". ii. First Reading Ordinancel No. 2022-0-18TMRS Change--Tammy. McDonald-Discus: and consider options regarding the Palacios Retirement Program for city employees. Kemneth Oliver with TMRS via ZOOM answered questions council had regarding the purposed change. Council debated tabling item to obtain more information before deciding. City Attorney advised Council of their options and the timeline to do SO. MOTION: GLENN. SECONDED: DOTSON. FIRST READING PASSED iv. Garver) Engineering Water) Engagement-Cityl Manager, Cynthial Raleigh-I Discuss and consider entering into an engagement with Garver Engineering for water funding project. City Manager Raleigh explained the purposed engagement. PASSED BY MOTION. MOTION: DOTSON. SECONDED. GLENN. PASSED UNANIMOUSLY Water Meter Replacement Project- City Manager, Cynthia Raleigh - Discuss and take action on which water meters the city will use. RG3 or Sensus. THIS ITEM WAS DISCUSSED. INTHEL PRESENTATIONSECTIONOFTHE. MEETING.. NOACTIONWAS vi. Christmas Decorations a Item requested by Council Members Trainor and Dotson - Discuss and consider allocating funding for additional Christmas Decorations for the City of Palacios. City Manager answered questions by Council. PASSED BY MOTION. MOTION: TRAINOR. SECONDED: DOTSON. PASSED UNANIMOUSLY.  UNANIMOUSLY. VOTE CONFIRMED BY ROLLO CALL.  TAKEN.  CLOSED/EXECUTIVE: SESSION: Council went into. Executive Session at 8:36PM RECONVENE TOOPEN/REGULAR SESSION Council reconvened. to1 regular session at 8:52PM CITY OF PALACIOSI REGULAR CITY COUNCIL MEETINGI MINUTES- -NOVEMBER 17, 2022    291  Pursuant to Texas Government Code $551.071(1) to discuss pending litigation styled Cause No. 22-F-0245, in the 130th Judicial District Court of Matagorda County, Texas, Joseph Monk and Mark Rusk, Contestants V. James L. Gardner as Mayor and City of Pursuant to Texas Government Code $551.072, discuss the sale or lease of city-owned  Palacios, Contestees. COUNCLTOKNOACTIONK properties. COUACLTOKNOACTIOK  ADJOURNMENT  Meeting Adjourned by) Mayor Gardner at 8:52PM.  AWl Jim Gardne,MAYOR  CMMiPaeprPEm  ATTEST:  hoila Aleigha Galyan, CITY SECRETARY  TEXAS  CITY OFF PALACIOS REGULAR CITY COUNCIL MEETINGI MINUTES -N NOVEMBER 17,2022    293  Service Agreement for) Performing Firel Hydrant Restoration Between the City of Palacios Andl LSPS Solutions, LLC  This Service Agreement for Professional Services ("*Agreement") is made between) LSPS Solutions, LLC, 203 Windwood] Lane, Victoria, TX("Professional"), andt the City ofPalacios ("Owner)aTexasi municipal corporation, 311 Henderson, Palacios, TX 77465, who, in consideration oft the mutual covenants of this  Agreement, hereby agreea asi follows:  I.  Scope of Services I. Payment  1.1 Scope of Work. In accordance with the attached Exhibit A, Professional shall provide all personnel and equipment necessary toj perform Fire Hydrant Restoration for the City ofPalacios. 2.1 Payments tol Professional. City agreest top pay Professional in accordance with Exhibit A- Water Services Bid, whichy was approved anda awarded by the City ofPalacios City Council ati its regular City Council Meeting of November 17, 2022. Professional shall submit ani invoice to City at the end of each month for work completed that month, and City shall pay for all services within 30  days after receipt of ani invoice for said: services.  m. Term/Termination  3.1 Term and Termination. This Agreement shall commence within ten (10) days oft the execution date ands shallt terminatei nol later than September 30, 2023.City mayt terminate this agreement upon 30 days written notice to Professional with the understanding that all services being performed under this agreement shall cease upon the date specified in such notice. In the event of early termination, Professional: shalli invoice City for all services completed and shall be compensated in an amount corresponding tot the percentage oft the compensation corresponding to the percentage oft the work satisfactorily completed on the effective date oft termination, to the extent such work 4.1 Ownership of Documents. All documents prepared and assembled by Professional pursuant to this agreement shall become property ofCity and shall be delivered to City without restriction of future use. Professional may make copies ofa any and all documents for its files. 4.2 Controlling Law. This agreement is performable and is to be governed by the law applicable in Matagorda County, Texas. Venue for any action arising under this Agreement shall be in 4.3 Successors & Assigns. Neither City nor Professional shall assign, sublet or transfer any rights under ori interesti in (including, but without limitations, monies thati may become due orr monies that are due)t this Agreement without the written consent oft the other. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from anyo duty orr responsibility under this Agreement. Nothingcontainedi int this paragraph shall prevent Professional from employing independent consultants, associates and other  provides valuet to City.  IV. Miscellaneous  Matagorda County, Texas.  employees to assist iti int the performance ofs services hereunder.  Pagelof?    295  4.41 No Third-Party! Beneficiaries. Nothing hereins shalll be construed to give any rights or benefits to 4.5 Independent Contractor. Inp performing services under this agreement, the relationship between City and] Professional is thato ofi independent contractor, and City and Professional by the execution of this agreement do not change the independent contractor status of Professional. No term or provision oft this agreement or act of Professional in the performance oft this agreement shall be 4.6 Limited Form Indemnity. Tot the extent of insurance coverage, Professional agrees to defend, indemnify.andl holdt the Owner wholea andl harmless against any and all claims. suits. and actions for damages. costs. and expenses to persons orproperty that may arise out of. or be occasioned by or from any negligent act, error or omission of Professional or anyofficer. agent, servant. employee or subcontractor of Professional int the execution orp performance oft this Contract. Int the event ofr notice ofa claim to which this indemnity might apply, sO much of the money due the Professional under this contract as shall ber reasonably considered necessary by the Owner may! be retained for the use ofthe Owner, until alls suits. actions. and claims shall have been settled ands satisfactory evidencet to that effectf furnished the Owner. Thisi indemnity shall not apply to any claim to the extent to which an engineer is prohibited from indemnifying a governmental entity pursuant to Tex. Local Gov't Professional agreest tor maintain thei insurance policy. along witht thel limits statedt therein. asi indicated 4.7 Entire Agreement. This agreement, together with any referenced attachments, constitutes the entire agreement between the parties, and supersedes all prior written or oral understandings. This agreement ands said attachments may only be amended, supplemented, modified or canceled bya  anyone other than City and Professional.  construed: asi making] Professional the agent, servant, or employee ofCity.  Code $271.904.  in" Exhibit A" attached! hereto.  duly executed writteni instrument. EXECUTED, thist the_ FbayeDansan  City of Palacios, Texas  LSPSS Solutions, LLC Jpmdl Lynn Short- President  Cynthia A. Raleigh,MBA,0 CPM, City Manager  Attest:  Attest:  hsde  MmnShort Printedl Name  Thomas Short- Vice President  Page2of2    297  Fire Hydrant Restoration  Solutions, LLC  a  361-212-8243  wwwL  LSPS Solutions, LLC  203 Windwood Lane Victoria, Texas 77904  Before  Alter  Mapping  Scope of Work  LSPS Solutions, LLC specializes inr mapping, flowt testing, sandblastinga andi re-painting your system's fire hydrants. Ina addition to makingy your hydrants look great, we can providey you ane easily accessible asset management tool thatp puts allo oft thei informationa aboute each ofy your hydrants at youri fingertips. We can providey yout thisi informationi ina avariety off formatsi including Google Earth. kmzf files, GISs shapefiles, comma delineated Excelf files and. pdf files.  Leslie Littles Fire! Hydrant Technician /Sales 361/550-1031  Lynn Short President 361/212-8243  Thomas Short Vice President 361/550-7471 tshort@lispssalurinins.com  5P5 Solutions, LLC  litiesdlspsalutiom:.com shortalispssalptions.com